Ansari Kannoth v. State Of Kerala

The petitioner, who faces indictment in a prosecution under Section 138 of the N.I. Act; who has not been arrested or released on bail so far; against whom coercive processes have now been issued by the learned Magistrate and who apprehends imminent arrest, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that directions may be issued to ensure that the dicta in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) and Jain Babu v. Joseph (2008 (4) KLT 16) are complied with and that the petitioner's application for regular bail is considered on merits, in accordance with law and expeditiously - on the date of surrender itself.

2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decisions cited above. I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions already issued. I have no reason to assume that the learned Magistrate shall not follow the decisions referred above. If there be non-compliance, the avenues of challenge/complaint are available to the petitioner.

4. This application is dismissed, but with the above specific observations.

(R. BASANT) Judge